GTC

Boooring! Or, maybe not? In addition to the usual deadlines, cancellation and liability conditions our General Terms and Conditions contain additional important technical regulations for your motorcycle, information about required protective clothing and much more…

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GENERAL TERMS AND CONDITIONS

Status: 15.06.2020

Speer Racing GmbH Sportveranstaltungen, Steigaeckerstr. 1A, D-72768 Reutlingen, Germany

- herinafter "SRS" -
 

1. SCOPER


These Terms and Conditions apply to contracts regarding the organisation and holding of events, meetings, training sessions (such as Driving Safety, Getting Started, Instructor Training, Sports Driver Training, Monday Training, Race Training, Euro Cup, RegioCup, Toni Mang Training, Gunti Racing) as well as all related goods and services provided by SRS and its contractual partners.

The client’s Terms and Conditions apply only in so far as they are expressly agreed upon beforehand.  In the case of legal dispute, the place of jurisdiction shall be agreed in principle to be the registered office of SRS; German law shall apply.
 

2. CONCLUSION OF CONTRACT, CONTENT OF CONTRACT, WITHDRAWAL OF ORGANISER

The contract comes into existence upon its written acceptance/confirmation by SRS to the client.

The minimum age for participation, for reasons of statutory liability and insurance, is 16 years. Younger participants may possibly, after consultation with SRS (this must be prior to registration), be allowed to participate if they have the relevant qualifications (racing licence or similar) and if the nature of the event and/or the route do not prevent this. If a participant is under age, it is essential that at least one adult with parental authority gives consent.

The scope of the contractual services is laid down in the binding service description of the offer for the duration of the event, as well as in the details regarding it in the event confirmation/invoice.

SRS staff are not permitted to enter into supplementary oral agreements.

In the event of force majeure, e.g. extreme weather situations, cancellation by the race track operator, failure to achieve the minimum of participants or for other important reasons, SRS may withdraw from the contract. In this case the participation fee shall be returned in full to the participant. Further claims by the participant against SRS are excluded, except in the case of wilful misconduct or grossly negligent conduct on the part of SRS or its assistants. SRS takes no responsibility for loss of running time on the race track due to a fall, other adverse effects, damage to vehicles or bad weather conditions etc. In such cases the participant has no claim to reimbursement of, or reduction in, the participation fee.
 

3. PAYMENT DEADLINES AND METHODS OF PAYMENT

By registering, the participant is obliged to pay by the due date the relevant participation fee as well as any additional services booked. The participation fee, along with any additional services booked,

is payable two months before the start of the event for motorcycle events or immediately for car training sessions - if the payment is made by credit card, PayPal or in cash, it is due immediately.
In certain cases, which will be announced promptly by SRS, SRS reserves the right to bring forward the due date of payment.
If registration does not take place until after the payment deadline, the participation fee will be due immediately.
If an event is fully booked before the due date of payment, Speer Racing is entitled to request immediate payment. The customer will be informed of this promptly; Speer Racing must allow adequate time for the payment to be made. A date of payment advanced for the reason given does not give the right to withdraw from the booking.

SEPA direct debit:
By choosing the European SEPA direct debit method, the participant grants SRS revocable permission to collect the payments from his account when due by means of SEPA direct debit.  For returned direct debit payments for which SRS is not liable, SRS is entitled to request from the participant returned direct debit charges amounting to 25,-- Euros and, if necessary, an alternative payment method (credit card, bank transfer). The participant shall be entitled to prove that no, or only minimal, costs are incurred.

SRS has the creditor id number DE85ZZZ00000330082. The mandate reference number corresponds to the client number.

The participant authorises SRS to take payments from his account via SEPA direct debit, and shall issue the relevant mandate accordingly. The participant shall at the same time advise his bank that SRS is authorised to draw the funds from his account to honour the direct debit.

The participation fee shall be debited no later than a week after registration has taken place. The participant agrees to forgo receipt of a prenotification of the date of the SEPA direct debit transaction.
   
Note: the participant can within 8 weeks, starting on the day the direct debit was taken, claim a refund of the debited amount. In this case, the bank’s terms and conditions will apply.

When registering the SEPA direct debit mandate, the participant discloses to SRS his full name, address, name of bank and IBAN number for the account from which the direct debit will be taken. The participant shall advise SRS immediately and without request of any changes to the bank details given. The participant shall be responsible for damage or loss resulting from a delayed notification.
 
Bank transfer:
Without being requested to do so, the participant transfers the participation fee due, as well as the cost of any additional services booked, to one of the SRS accounts in due time.

Cash:
Cash payments are only accepted if made at the time of registration.

Where a participant only registers at the venue, an administrative fee of 20,-- Euros is payable in addition to the participation fee and the cost of any additional services booked.

Where payment is received after the due date, SRS reserves the right to cancel the registration or withdraw from the contract without further requests for payment.
 

4. CANCELLATION

SRS shall be notified of a cancellation of a booked event in every instance in writing, by post or e-mail to (racing@speer-racing.de).

In the event of a cancellation of a motorcycle event, the following charges are due:

Date of cancellation
 

Cancellation costs
for motorcycle event

 Cancellation costs
for car event

 
Up to 2 months before start of booked eventNo charge50%
Up to 1 month before start of event50%75%
Less than 1 month before start of event100 %100 %

 
As a general principle, the cancellation costs relate to the participation fee for the booked event; any additional services booked are generally refunded in full.
The refunding of the fee minus the cancellation costs is as a general principle by reverse transfer to a bank account named by the cancelling customer.

The participant remains free to prove that SRS has incurred no, or only minimal, costs due to the cancellation.

Credit account: 
SRS provides a credit account for some customers; the account can be viewed at all times via the client’s personal area (login area). The credit account cannot be overdrawn. The credit balance is linked personally to the account holder and is non-transferable – not even in part.
The credit account is automatically deactivated if it no longer contains any credit. The account cannot be paid into.

On registration for an event, the credit balance will automatically be charged. For each booking, a maximum of 50% of the participation fee (without any additional services booked) is settled by this means; any differential amounts either remain as a credit balance or must be settled by means of one of the other available payment methods.
In principle, no refund of a credit balance is possible, unless the client actively concludes his business relationship with SRS and informally requests deletion from the master data because he is not planning to participate in further events in the foreseeable future. In this case, the credit balance, less an administration fee of 50,-- Euros, will be transferred to a bank account nominated by the client.
 

5. LIABILITY EXCLUSION

The participant takes part in SRS events at his own risk. 

The participant alone bears civil and criminal liability for any damage caused by him or by the vehicle used by him in as far as nothing to the contrary is stated in these General Terms and Conditions.

In submitting his registration, the participant declares that he waives claims of every kind for damage arising in connection with the events, whether these are against the organiser, the marshals, the medical staff, the race track owner, sponsors, service personnel or any other persons connected with the organisation of the meeting, including assistants and other agents.

This liability exclusion does not apply to damage resulting in injury to life or limb contributable to wilful or grossly negligent violation of obligations – or to a legal representative or an assistant of persons who are not liable – nor for any other damage due to wilful or grossly negligent violation of obligations - or to a legal representative or an assistant of persons who are not liable.

Participants waive claims of any kind against other participants (riders or passengers), their assistants, and owners or keepers of the other vehicles, relating to damage relating to training or competitions. This liability exclusion does not apply to damage resulting in injury to life and limb that is attributable to wilful or grossly negligent violation of obligations – or to a legal representative or an assistant of persons who is not liable –nor for any other damage due to wilful or grossly negligent violation of obligations – or to a legal representative or an assistant of persons who is not liable.

The participant is solely liable vis-à-vis the organiser for ensuring that only he, exclusively, will ride the motorcycle registered to him. 

SRS assumes no responsibility for the condition of the race track or the associated facilities.

The participant is responsible for obtaining sufficient insurance cover (e.g. accident, personal liability insurance, if necessary vehicle and health insurance). 

Bases for legal claims under data protection law are not covered by this liability clause. 
 

6. PROTECTIVE CLOTHING

As a general rule: each participant is obliged to protect himself in the event of an accident crash or other similar by wearing the best possible protective clothing.

Suitable protective clothing is mandatory at all SRS events; for motorcycle Events in which the participant has to ride on a race track, this consists of:

For car events, protective clothing suitable for use on a race track (consisting of a fire-resistant driver’s suit, gloves, plus HANS device where applicable) is recommended, but not required – unless otherwise provided for on the race track; however, wearing a suitable protective helmet is mandatory at all times. Participants must also use a seat belt.

It is essential that these basic rules are followed, to ensure safety. If the rules are violated, Speer Racing GmbH reserves the right to exclude the participant, without further warning, from taking part in the event. In these cases, there will be no refund or reduction of the participation fee.
 

7. TECHNICAL SPECIFICATIONS

As a general rule: the vehicle used (regardless of whether it is a motorcycle or a car) must be in perfect condition and in full working order; the vehicle itself must not present an immediate danger; this applies in particular to the following points – among others:

Both motorcycles and cars:

The following points apply in addition to motorcycles:
For motorcycle events that involve driving on a race track, only vehicles with at least 57 kW (78 hp) are permitted. Our permission must be obtained for vehicles in the categories Moto3 and Supersport 300.


The participant bears sole responsibility for the proper technical condition of his vehicle.

It is essential that these basic rules are followed, to ensure safety. If the rules are violated, Speer Racing GmbH reserves the right to exclude the participant, without further warning, from taking part in the event. In these cases, there will be no refund or reduction of the participation fee.
 

8. CONDUCT DURING THE EVENT

As a general rule: every participant shall conduct himself in such a way during the whole event that other participants are not put at risk as a result of his behaviour. This applies in particular to the following points – among others:


It is essential that these basic rules are followed, to ensure safety. If the rules are violated, Speer Racing GmbH reserves the right to exclude the participant, without further warning, from taking part in the event. In these cases, there will be no refund or reduction of the participation fee.
 

9. INFECTION CONTROL

The participant is required to comply with all hygiene measures stipulated by the competent authorities. The participant shall be informed in detail about this by SRS in the run-up to each event.

Following these hygiene regulations is essential to ensure optimum infection control. In the event of infringements, Speer Racing GmbH is entitled, without further advance warning, to exclude the participant from taking part in the event. In these cases there shall be no reimbursement or reduction of the participation fee.
 

10. TRANSPONDER

Every participant’s vehicle is to be fitted with a transponder. The registration of lap times serves only to check that the individual participant is assigned to the correct group; it is not intended as a sporting comparison. For safety reasons, a participant whose vehicle is not fitted with a transponder may not take part in the event. Laps are only published, for a fee, at the request of individual participants. Transponders are hired out strictly only upon payment of a deposit by the participant. If the transponder is damaged by the participant during use (for whatever reason, through improper mounting, a fall, collision or any similar event), or if it is lost, the participant must bear the cost of repair or replacement. If a participant fails to return the transponder at the end of an event, a loss-of-use compensation of 5.00 Euros per day will be charged until the transponder is returned, payable by the participant when he returns the equipment to Speer Racing GmbH; only then will the participant receive his deposit back.
 

11. PHOTOGRAPHY/PUBLICATION OF LAP TIMES

Any photographs and videos of an event that are made by participants and their teams may be published by SRS without additional authorisation. In particular they may be accessed and viewed on the SRS Facebook pages. In taking part in the event, the participant declares his consent in terms of § 22 of the Art Copyright Act.

If the participant books the additional “timekeeping” service or this service is included in the participation fee, he gives his consent to the publication of his best lap time during the event, both at the venue in the form of a notice, and/or via a monitor, and via the SRS online presence (website, Facebook etc), and on publicly accessible databases such as www.mylaps.com.
 

12. DOMICILIARY RIGHTS

SRS reserves the right to exercise its domiciliary rights, and in the event of violation of any of the conditions listed here, or other unacceptable behaviour, remove from the venue visitors, participants (or those accompanying them) or third parties without warning. 
Commercial sales conducted at the event venue, regardless who conducts them, are forbidden without the express written permission of SRS. In the case of contraventions, SRS is entitled to issue an exclusion order without further warning. An offending participant can be excluded from the event without prior warning. In these cases, there shall be no reimbursement or reduction of the participation fee.
 

13. DATA PROTECTION

During the initiation, conclusion, transaction and reverse transaction of a contract with SRS, data will be compiled, saved and processed by SRS in accordance with the legal terms. In taking part in the event, the participant declares his consent to these terms.

SRS assures that all personal data provided by the participant will not be passed on to third parties, unless SRS is legally required to do so, or the participant has given express permission in advance. The Federal Data Protection Act will be adhered to, should SRS engage the services of third parties for the implementation and handling of procedures. Any personal data that the participant discloses to SRS during registration or by e-mail (e.g. name, contact details) will only be used for correspondence with the participant and only for the purpose for which it has been made available to SRS.

SRS only gives out the participant’s data to the delivery company where it is necessary for the delivery of goods. For the transaction of payments, SRS passes on the participant’s data to the bank dealing with the transaction. Personal data provided through the SRS website will only be saved until the purpose for which it is needed has been achieved. Taking into account periods of retention according to tax and commercial laws, certain data can be stored for up to 10 years.

When visiting the SRS webpages, the current IP address, date and time, browser type and operating system of the participant’s PC and the webpages that are being viewed, will be recorded. Inferences drawn by SRS from the personal data are not possible, and are not intended.

Should the participant no longer agree to the storage of his personal data, or should they have become irrelevant, SRS will, when so instructed, arrange for the data to be deleted, corrected or blocked, according to the legal terms; this also applies – as far as possible – to information given to third parties. If requested, the participant can receive information about all his personal data stored by SRS, at no charge. For any questions regarding collection, processing or usage of personal data for enquiries, rectification, blockage or deletion of data, the participant should contact:

Speer Racing GmbH Sportveranstaltungen
Steigaeckerstr. 1A 
D-72768 Reutlingen
Tel.: 07121/768080
Fax: 07121/7680851
racing@speer-racing.de
www.speer-racing.de
 

14. CONCLUDING STIPULATIONS

The place of payment is the headquarters of Speer Racing GmbH, Reutlingen.
The sole place of jurisdiction – also for cheque and exchange disputes – in the case of commercial transactions is the headquarters of SRS. Where a contractual partner fulfils the conditions of § 38 Clause 1 of the Code of Civil Procedure and has no place of jurisdiction in Germany, the place of jurisdiction shall be that of Speer Racing GmbH.
German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of joint commercial dealings the headquarters of SRS is the sole place of jurisdiction. 

Should one or more provisions of these Terms and Conditions be or become invalid, or contain a loophole, this shall not affect the remaining provisions. In this case the contractual parties are obliged to replace the invalid provision by one which comes commercially closest to the invalid one, or one which closes the loophole.

Speer Racing GmbH Sportveranstaltungen, Steigaeckerstr. 1A, D-72768 Reutlingen, Germany